Preview

Clayton Antitrust Act

Good Essays
Open Document
Open Document
567 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Clayton Antitrust Act
Stephanie Soliven
2 POL 1

The laws regarding regulation of cartels, trusts and monopoly in the market and overall regulation of the market in the USA were laid down in the USA, just as the US Constitution too was shaping up. The genesis of all this was in the Sherman Antitrust act in the year 1890. That act strove to control the market environment by putting a tight leash on trusts, organizations and companies which went against that act. To complement and strengthen this Sherman act, which later on turned out to be the basis of anti trust litigation by Federal government, another Act was passed sometime later, in the year 1914. This was the Clayton Antitrust act, passed by the Congress of the United States, drafted by Henry Clayton which explains the
…show more content…
This Act was mainly a modification and expansion of the already existent federal antitrust law, as a result of the Sherman Act. Clayton Act prescribed changes which were substantive and complementary to the Sherman Antitrust Act. The entire focus of the Clayton Antitrust act was to capture and nip the anti competitive market practices in the bud. This meant that some types of market conducts were to be prohibited. There are primarily 4 sections of this act which suggested major changes in the Sherman act. The following aspects were laid down by the Clayton Act. These are -

Principle 1
The sales were to be carried out on the condition that the buyer will not deal with or have any transaction with the competitors of the seller. Another condition was that the buyer can purchase another product, however that can be done only after the competition is lessened as a result of these acts.

Principle 2
Yet one more point of contention was the price discrimination between various purchasers, only if that discrimination reduces the competition or tends to create a monopoly, any arena of commerce.

Principle

You May Also Find These Documents Helpful

  • Satisfactory Essays

    What is the Federal Trade Commission’s merger test pursuant to the Clayton Act? Why have most mergers passed this test? Can you think of any mergers that were disapproved by the government? Why? (based on Legal Challenges text Chapter 20 and Business Ethics text Chapter 16, Part III; tied to course competencies 1 and 2)…

    • 644 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Price discrimination or price differentiation exists when sales of identical goods or services are transacted at different prices from the same provider. In a theoretical market with perfect information, perfect substitutes, and no transaction costs or prohibition on secondary exchange (or re-selling) to prevent arbitrage, price discrimination can only be a feature of monopolistic and oligopolistic markets, where market power can be exercised. However, product heterogeneity, market frictions or high fixed costs (which make marginal-cost pricing unsustainable in the long run) can allow for some degree of differential pricing to different consumers, even in fully competitive retail or industrial markets. Price discrimination also occurs when the same price is charged to customers who have different supply costs. Price discrimination can exist when three conditions are met: consumers differ in their demands for a given good or service, a firm has market power, and the firm can prevent or limit arbitrage.…

    • 12845 Words
    • 52 Pages
    Better Essays
  • Powerful Essays

    In the time of 1880’s, the industries following “monopoly” were found to flourish 7 times higher than the national growth. Business leaders who wanted to achieve efficiency, started to join together in the interest of forming trusts. Those who were unable to practice businesses efficiently started blaming the trusts for building monopolies. Lobbying government was also done to hinder the success of trusts. They put allegations on trust for getting richer at the expense of people. They wanted their money made from the business to be seized. It was said that these monopolies were illegally made to increase profits by raising the prices. Keeping aside the facts to be true or not, a decade later in 1890, an act entered to prevent monopoly known as Sherman anti-trust act named on the senator John Sherman. The law was not able to clearly define the terms “monopoly” , “anti-competitive” and “predatory”.…

    • 919 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    Law (Sale of Goods Act)

    • 1621 Words
    • 7 Pages

    Where under a contract of sale the transfer of ownership in the goods is to take place at some future time subject to some condition thereafter to be fulfilled the transaction is said to be an agreement to sell.…

    • 1621 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    Price discrimination exists when a seller of sells an identical good or service to different consumers with different prices.…

    • 312 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Price discrimination is also a main area of concern in this case. Price discrimination is generic but it is the first thing which gets to the consumers mind.…

    • 634 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Contract Law Final Exams Notes

    • 25480 Words
    • 102 Pages

    * It is an offer by the customer to buy and there is no sale effected until the buyer’s offer to buy is accepted by the acceptance of the price.…

    • 25480 Words
    • 102 Pages
    Good Essays
  • Better Essays

    In a contract of sale of goods, terms of implied that the seller has the right to sell the goods; that the purchaser will enjoy quiet possession of the goods, allowing them to use the goods without interference from a third party or the supplier; and that the goods are free and will remain so when the property is to pass from any charge or encumbrance, not disclosed to the buyer before the contract is made.…

    • 2287 Words
    • 10 Pages
    Better Essays
  • Satisfactory Essays

    Pricing discrimination is a pricing strategy that charges customers difference prices for the same product or service. In pure price discrimination, the seller will charge each customer the maximum price that he or she is willing to pay. Most often the seller places customers in groups based on certain attributes and charges each groups a different price. price discrimination is only feasible under certain conditions:…

    • 349 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The buyer and Seller agree to conduct transactions according to the terms and conditions stipulated below:…

    • 559 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Price Discrimination

    • 1572 Words
    • 7 Pages

    The opportunity to engage in price discrimination is not readily available to all sellers. This is why all companies can not practise price discrimination. In fact, it will only be possible if all three of the following circumstances apply.…

    • 1572 Words
    • 7 Pages
    Good Essays
  • Good Essays

    The United States Department of Justice pursues cases dealing with many aspects of the United States law system. One portion that they deal with is violations with the Antitrust laws. Anti trust laws were established to help the consumers and create competition, which create lower prices for products and services (Department of Justice, 2017 ). One of the three Antitrust Acts, the Sherman Act outlaws monopolies. There are currently two cases the Justice Department is working with that deal with monopolies, AMC’s acquisition of Carmike Cinemas and Foreign Exchange Dealers coming together to commit a Conspiracy. Both cases are interesting and have everything to do with anticompetitive behaviors leading to taking over a market.…

    • 656 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Sherman Act Of 1890

    • 1119 Words
    • 5 Pages

    Industrial regulation pertains to the government regulation of firms’ prices or rates within industries. These regulations are in existence to prevent companies from forming a monopoly, to promote competition and achieve fairness. In the mid 1800s, as industry grew, many industries began to take on the look of a monopoly; using questionable business tactics and charging their customers high prices. The customers and businesses that patronized these industries began to complain to the government and the government responded with the Sherman Act of 1890. The objective of industrial regulation is for a regulatory agency to keep tabs on an industry 's prices and products to ensure…

    • 1119 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    The Clayton antitrust act was passed in 1914. The act was drafted by Alabama Democrat Henry De Lamar Clayton. President Wilson instructed congress to come up with the act when he went into office in 1912. Wilson felt as though large companies had too many freedoms. The Act was put into effect to prohibit anticompetitive price discrimination, prohibit against certain tying and exclusive deal practices, expand power to private parties to sue and obtain triple damages, labor exemption that permitted union organizing, prohibition against ant compatible mergers. Company mergers have to go through the Federal Trade Commission and The Department of Justice for regulation to be approached. It is not uncommon for a merger to be disapproved. Like…

    • 330 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    DiLorenzo believed the Sherman Antitrust act was “ Protectionist at its roots” (pg141). The government was using this so that incompetent businesses would be protected. According to Dilorenzo there was no proof that monopolies were hurting the country. In fact , there was a deflation during the late 19th century , prices were decreasing which would benefit consumers . The Sherman Act support came from less competitive firms that wanted to break up their more successful rivals. An example Dilorenzo gave was cotton farms. They were upset that jute was being used to cover cotton bales instead of cotton. They petition government to restrain jute farmers. Small firms had more power than the big ones, because if big firms had as much power as Yellow…

    • 141 Words
    • 1 Page
    Satisfactory Essays